The UK's immigration landscape saw a significant update this year with the introduction of Appendix Adoption, replacing the relevant provisions within Part 8 of the Immigration Rules. Appendix Adoption streamlines the process for bringing children to the UK for adoption, offering several distinct routes tailored to different scenarios. This post focuses exclusively on the application process for children coming to the UK to be adopted under UK law. Here, we break down the essential requirements, from suitability and validity to financial and accommodation criteria, ensuring adoptive parents are well-prepared to navigate this complex yet rewarding journey.
Other routes to bring a child to the UK under Appendix Adoption are Hague Convention Adoption, Recognised Adoption Overseas and De Facto Adoption. These adoption routes are outside the scope of this post.
When Is a UK Visa Application for Adoption Appropriate?
A child would make an entry clearance application to the UK in order to be adopted under UK law if the child lives in a country whose adoptions are not recognised in the UK. An applicant may also qualify for temporary admission whilst an adoption is being finalised.
It may also be the case that the adoptive parents will still have to go through the intercountry adoption process prior to the adoption in the UK, in the same way as those adopting from a recognised country do.
Suitability and Validity Requirements for Child Adoption From Overseas
There are specific suitability requirements for a UK visa application for adoption under UK law. These are set out at Part 9 of the Immigration Rules. There are also validity requirements which should be met.
Dependent Child Requirements
Where a child lives in a country whose adoptions are not recognised in the UK, and so an application for a UK Adoption Visa is necessary, the child applicant must meet the requirements for a dependent child as set out at Appendix Children, which are as follows:
- Age; and
- Independent life requirement; and
- Care requirement.
These are set out in further detail in our previous post: Appendix Children: Requirements for Dependent Child Immigration Routes.
Adoption Requirements
There are several requirements regarding the adoption set out in Appendix Adoption. These are that the applicant must:
(a) be coming to the UK for adoption by an adoptive parent(s), in accordance with the laws relating to adoption in the UK; and
(b) demonstrate that the adoption is not one of convenience arranged to facilitate the applicant's admission to the UK; and
(c) demonstrate they will have the same rights and obligations as any other child of the adoptive parent(s)'s family; and
(d) be being adopted due to the inability of the applicant's birth parent(s) or current carer(s) (or those looking after the applicant immediately before they were physically transferred to the care of their adoptive parent(s)) to care for the applicant and there has been a genuine transfer of parental responsibility to the adoptive parent(s).
Certificate of Eligibility in Support of UK Adoption Visa
On top of the above, it will also be necessary to provide a letter from the relevant Central Authority in the UK confirming the issue of a Certificate of Eligibility in support of the entry clearance application if the adoption engages the requirements in:
- Section 83 of the Adoption and Children Act 2002; or
- Articles 58ZA and 58ZB of the Adoption (Northern Ireland) order 1987; or
- Section 58 of Adoption and Children (Scotland) Act 2007.
It is possible to email the relevant Central Authority to check the issue of a Certificate of Eligibility:
- England – ica.darlington@educaton.gov.uk
- Wales – PlantSynDerbynGofal@llyw.cymru – for Hague Convention adoptions only, otherwise contact ICA Darlington
- Scotland – intercountryadoption@gov.scot
- Northern Ireland – intercountry.adoption@health-ni.gov.uk
Adoptive Parent(s) Immigration Status Requirements
The applicant must be accompanying or joining an adoptive parent(s) and one of the following must apply:
(a) both adoptive parents are either British Citizens, or have settled status, or live in the UK and have a right to stay without restriction; or
(b) one adoptive parent is a British citizen, or has settled status, or lives in the UK and has a right to stay without restriction and they have sole responsibility for the applicant's upbringing; or
(c) one adoptive parent is a British citizen, or has settled status, or lives in the UK and has a right to stay without restriction and the other parent has, or is seeking (and is granted), entry clearance or permission to stay on a route to settlement; or
(d) one adoptive parent has, or is seeking (and is granted), permission to come to the UK on a route to settlement and has sole responsibility for the child's upbringing; or
(e) one adoptive parent is a British Citizen, or has settled status, or lives in the UK and has a right to stay without restriction and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance; or
(f) one adoptive parent has, or is seeking (and is granted), permission to come to the UK on a route to settlement and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance.
Financial Requirement for a UK Adoption Visa
The applicant will need to show that they will be adequately maintained in the UK by the adoptive parent(s), without access to public funds, unless the child's adoptive parent(s) has or is being granted permission to enter or stay on a route to settlement, in which case they must meet the financial requirement as a dependent under that route. Further information on this is contained within the Home Office's Adequate maintenance and accommodation: caseworker guidance.
The adoptive parent(s) must provide evidence of income or cash savings sufficient to show that they can meet the financial requirement and the following:
(a) evidence from income (other than self-employment) or savings must cover the 6-month period immediately before the date of application; or
(b) where the sponsor is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or
(c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing self-employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or
(d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or
(e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met.
The applicant must also meet the financial requirement as set out in Appendix FM-SE.
UK Adoption Visa Accommodation Requirement
In order to bring a child to the UK for adoption in circumstances where the child lives in a country whose adoptions are not recognised in the UK, there is a requirement that the applicant's accommodation in the UK must not be overcrowded or contravene public health regulations. Further information on this is contained within the above-mentioned guidance.
Tuberculosis Requirement
If Appendix Tuberculosis applies, a valid medical certificate must also be provided. Further information on TB tests can be found in our post: TB Test Requirement for UK Visa Applicants Explained.
Article 8 ECHR Considerations
In the event that an applicant for an Adoption Visa under UK law meets the 'Requirements for Adoption' as set out above but does not meet the suitability or other eligibility requirements (subject to the applicable grounds for refusal), the decision maker should consider whether a refusal would breach Article 8 of the Human Rights Convention. This would be the case if a refusal of the Adoption Visa would result in unjustifiably harsh consequences for the applicant or their adoptive family.
The relevant guidance sets out examples of factors which may constitute unjustifiably harsh consequences:
- The best interests of any child in the UK affected by the decision.
- The nature of the family relationships involved
- The likely impact on the applicant or other family members if the application is refused
- Whether there are any factors which might increase the public interest in refusal, for example where the applicant has failed to meet the suitability requirements because of deception or issues around their character or conduct
- Cumulative factors should be considered:
- Cumulative factors weighing in favour of the applicant should be balanced against cumulative factors weighing in the public interest in deciding whether refusal would be unjustifiably harsh for the applicant or their family
All relevant factors raised by the applicant should be considered and balanced alongside public interest considerations.
Period of Grant and Settlement For Coming to the UK for Adoption
If the UK Adoption Visa application is successful, permission under Appendix Adoption should be granted for 24 months in order to enable the adoption to be completed.
The applicant would then need to apply for settlement under paragraph 198 in Part 8 of the Immigration Rules or for settlement on the route that their adoptive parent is on.
Contact Our Immigration Barristers
For expert advice and assistance in relation to Appendix Adoption or an application to bring a child to the UK for adoption, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.